"Transfer ownership after death of spouse and real property is owned by husband and wife as Joint Tenants..."

The problem. Husband and wife own property together as joint tenants. One spouse dies. The surviving spouse needs to change ownership so he or she is the sole owner to sell or refinance the real property.

The solution. The surviving spouse files an Affidavit Death of Join Tenant with the County Recorder. This document is a declaration, under oath, by the surviving spouse. The surviving spouse declares the other spouse has died and attaches a certified copy of the death certificate. The affidavit is filed with the county recorder.  It is now of public record the surviving spouse has the authority to take sole control of the real property to sell or borrow on the property.

There are no property tax, capital gains tax and estate tax consequences for transfers between spouse due to death of one spouse.

How Deed and Record can help.

Title search for how title is held and legal description

Prepare quit claim deed or affidavit of death with legal description for signature

Prepare transfer tax exemption report to keep the deed free of transfer tax and property tax increases

File and record the deed and exemption report with the County Recorder’s office

The process

Call 949-474-0961 or email Mark@DeedAndRecord.com . Information needed is: real property address, name of ex-spouse, name and address of owning spouse.

Make payment of $149. Cost includes all filing and research fees.

We prepare documents.You are sent by mail or email the quit claim deed and preliminary change of ownership report

Document is signed and returned to Mark Bidwell, 18831 Von Karman Avenue, Suite 270, Irvine, California 92612.

Document is recorded and returned to you with recorder’s stamp and document identification number

Company Profile

Deed and Record is an online service for real property transfers into or out of trusts, to remove former spouses from title due to divorce and death and to add or remove co-owners.  The Company records and files documents it has prepared with the courts and county recorders.

The Company markets through websites, primarily DeedAndRecord.com.  The owner of the websites is Mark W. Bidwell, Attorney at Law and CPA Inactive. The office is located at 18831 Von Karman Avenue, Suite 270, Irvine, California 92612. Phone number is 949-474-0961. Email is Mark@DeedandRecord.com.